HomeMy WebLinkAboutE 9105091395 t��.�� !�L9� �Lvi��� �� �AE����i �3' ' - . ..__ _ _. . SA-039-90 �
G�'�`=��;� �F l��iF CilY CLERK
R4tiTUf� �iUNICIPAI BLDG. �; ;:' ,
2Jp MII,L AYE. S0. :=�.�:�:�:�s.�_i ;��=;�r �ra
P�NTON, WA 98055 ,,,r ,..�;A= ��Ft::,.::� � �� t 3�,�
���+-���,,=� -�, :;:w.
COVENANTS REGRRDING WETLANDS AND_.:..,,^�;L, .,,.,:.�,� ; a ;��-;
DECLARATION OF EASEMENT FOR WETLANDS INSI�EC'T�ION
This Agreement containing covenants regarding wetlands and
declaration of easement for wetlands inspection is made this 3 day
of �z.-1C�. , 1991, by the undersigned Owner of certain land
situat�d in the State of Washington, County of King , which is
legally described on Exhibit A attached hereto and incorporated
herein by this reference (the "Property" ) , and by Corr-Pro
Associates , a Washington general partnership ( "Corr-Pro" ) .
Corr-Pro intends to develop and build a manufacturing facility
in the city of Renton as part of a project identified under
Project No . ECF; SA-039-90 in the files of the City of Renton and
commonly known as the Sheets Unlimited Project . As part of the
Sheets Unlimited Project, Corr-Pro has agreed to mitiqate aqainst
loss af a wetland area by creating a wetland area at a site located
in the city of Renton other than the site of the Sheets Unlimited
Project (hereafter this creation of a wetland area at an offsite
location shall be referred to as "Offsite Wetland Mitigation" ) . For
�''� good and valuable consideration, Owner has agreed that the Property
� may be used for Corr-Pro ' s Offsite Wetland Mitiqation in accordance
� with the wetland mitiqation plans submitted by Corr-Pro and approved
� by the City of Renton with respect to the Sheets Unlimited Project .
� Therefore, for good and valuable consideration, the receipt and
C7 sufficiency of which is hereby acknowledqed, Owner and Corr-Pro
r) hereby make the following covenants with respect to Corr-Pro ' s
� Offsite Wetland Mitigation on the Property; and Owner establishes
and grants the followinq easement for inspection of such wetland
area .
l . Covenant to Create t^]etland Area . Owner and Corr-Pro
covenant and agree to mitigate against loss of wetlands as a result
of the Sheets Unlimited Project by creating on the Property a
wetland area in accordance with the wetland mitigation plans
submitted by Corr-Pro and approved by the City of Renton with
respect to the Sheets Unlimited Project .
2 . Location and Size of Wetland Area . The wetland area
created in accordance with the wetland mitigation plans submitted by
Corr-Pro and approved by the City of Renton with respect to the
Sheets Unlimited Project shall be not less than . 85 acres in size
and shall be located on that portion of the Property which is
defined on the diaqram attached hereto as Exhibit B .
3 . Maintenance of Wetlands . The wetlands created in
accordance with the wetland mitigation plans submitted by Corr-Pro
and approved. by the City of Renton with respect to the Sheets
EXCISE TAX NOT REQUIRED
ing Co. p�rds Division,
i �� �-.�,�.r
. �,
�
Unlimited Project shall be used, kept , maintained, and preserved in
accordance with applicable federal , state and local laws , and all
rules and regulations promulgated thereunder , affecting wetland
areas in the City of Renton. Such wetland area shall remain as a
wetland area and shall not be altered unless its alteration is
allowed by the federal , state and/or local agency( ies) having
jurisdiction over wetland areas in the City of Renton of similar
type and size . This covenant shall not be affected by any
subsequent use or development of the property on which the Sheets
Unlimited Project is located.
4 . Grant of Easement . Owner hereby grants and conveys to the
City of Renton a perpetual , nonexclusive easement (the "Easement" )
over and across the unimproved areas of the Property for the purpose
of allowing the City of Renton or its agents access to inspect the
Property to determine whether Corr-Pro ' s Offsite Wetland Mitigation
located on the Property has been properly created, maintained and
protected. The route of access shall be determined as provided in
paragraph 6 below.
�
� 5 . Easement in Gross . The Easement granted herein is an
� easement in gross and is personal to the City of Renton; provided,
� however , that the City of Renton shall have the limited right to
� assign its rights under this Easement to any other governmental
j� authority having jurisdiction over maintenance and protection of
�j wetlands on the Property.
�
� 6 . Exercise of Easement Rights . The City of Renton shall
exercise its easement rights hereunder no more than once each
calendar year on the Property. In the event the City of Renton
desires to enter the Property for the purpose of exercising its
easement rights , it shall qive notice as may be reasonable under the
circumstances to the then owner of the Property. The then owner of
the Property may designate a route or routes of access to the
wetlands that allow the City of Renton to exercise its easement
rights in a way that least interferes with such owner ' s activities
on the Property.
7 . Easement and Covenants Runninq with the Land. The easement
granted hereunder and the agreements and covenants contained herein
shall run with and burden the Property and shall inure to the
benefit of and be binding upon the Owner , and its successors and
assigns .
8 . Applicable Law. This instrument is executed under , and
shall be construed in accordance with, the laws of the State of
Washington. i
OWNER : �
� j
:.Y
Hans G . och
� _2_ [B-2320h]
I
. • • . ' � . .
CORR-PRO ASSOCIATES, a Washington
general partnership
B y: Y�.-,
Partner
STATE OE' WASHINGTON )
) ss .
COUNTY OF KING )
On this day personally appeared before me Hans G. Koch, to me
known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same
as his free and voluntary act and deed, for the uses and purposes
� therein mentioned. ,
� .-,
C"� GIVEN under my hand and official seal this day of ���
'� 1991 .
�
� � 1 �
� �
t�� �
�., N a�,/ Public in and for t e ta}� of
Wash/.�ngton, residing at
My commission expires I- / - `_`. •
STATE OF WASHINGTON )
) ss .
COUNTY OF KING )
On this day personally appeared before me Gordon M. Younger to me
known to be a partner of Corr-Pro Associates, the partnership that
executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said
partnership, for tne uses and purposes therein mentioned, and on
oath stated that he was authorized to execute the said instrument .
GIVEN under my hand and official seal this��day of �P2�� ,
1991 .
—%--.5�r�•� ,����-�-_ _ .
Notary Public in a d for tY4e State of
Washington, residing at �o;-���-
' My commission expires „3-/ - 9y
� _3_ [B-2320h]
I
- . • + EXHIBIT A �
PARCEL A- _
That portion of the northeast quarter of the northeast quarter of
Section 2 5, Township 23 North, Range 4 East, W.M_ , in King County,
Washington, described as follows:
Commencing at the northeast corner of said Section 25;
thence south 0�49'10" west, along the east line of said Section 25,
a distance of 180_O1 feet to an i.ntersectian.with a line parallei to
and 180 feet southerly, measured at right angles to the north line
of said Section 25; • �' .
thence north 87�12'S9" west, parallel �tit'h said north line, 20.00
feet to an intersection �rith a line para3.lel to and 20 feet
westerly, measured at right angles to the east line of said
Section 25; '
therice sauth 0�49'10" west along said parallel •line, 554_32 feet to
the TRIIE P4INT OE BEGIIZNIIIG;
thence north 88�24'48" west; a distance�af 102?_60 feet to a point;
thence south 1�01'19" West, 520.OS feet to a point; .
thence south 88�24`48" east, I,029_43 feet to a point ou a line
parallel to and 20 feet westerly of, measured at right angles to the
east 3.ine of said Section 25; �
thence north 0�49'10" east along said paxallel line, 520.05 feet to
the TRUE POII�IT DE SEGINNING; - �
EXCEPT that portion conveyed to the City of Renton for road purposes
� by .deed recorded �znder Recording Number 8401240272_
� • ' .
� PARCEL B: .
�
� That portion of the northeast quar.ter of the northeast quarter of
�' Section 25, Township 23 North, Range 4 East, W.M_ , in �Ci.ng County,
� Washington, described as follows:
� . .
� •
� Commencing at the northeast corner of said Section 25;
thence south 0�49'10" west along the east line of said Section 25, a
distance of 180_O1 feet to an intersection with a line parallel to
and 180 feet southerly, measured at right angles to the north line .
of sa3d Section 25;
thence north 87�12'S9" west, parallel with said north line, 20.00
feet to an' intersection with a line parallel to and 20 feet
westerly, measured at right angles to, the east line of said •
Section 25, said point being the TRUE POZNT OE BEGINL�IING;
thence north 87�12'S9" west, parallel to and 180.00 feet southerly
of the north line of said Section 25, a distance of 1026_07 feet;
thence south 1�01' 3.9" west, 575.53 feet to the northwest corner of
the above described Parcel A;
thence south 88�24'. a8" east, 1027_60 feet to a point on a 3.ine 20_00
feet westerly; measured at right angles to the east li.ne of
Section 25; '
thence nort`h 0�49' 10" east parallel to said east iine, SSa.la feet �'I
to the TRUE POINT OF BEGINNING. �
----------------
-------
_.—�- -�---......__ - I
�I . 'I
I
� w' � ' • EXHIBIT � • .
�— _
,
i __.._ _
� f�i'�'rz:�:,+� lv�TG���=' G���'?T%r��'
!�Y i;:�.�i�'�. : .
T� ,r�_���,;</ '''"'7f� /��/� �: � ,
t �
�r� / ��r �,�� ���j, /� .
I f�j.///�� ; t`,f{ ' /'/�' /i�ff'� � i//
� ���.. / j�'/l.. , � � ._ ,.
... , .. .-. �:.
�'; f.. i . / ' .
� f I
. f//f � � ` s,r ��� f f F / //. �,
� i ���� �� � �� i / . , � .. ... �
r��,-,.r.�•!f /�,,��� �+ j �,f.. ,! /
I . - r��• . / Y / . ..
(� _-�`�'I���... . --- .// . ./ / � ./ tS .
.--`
,.^ -�.
� l ��< <� . .� '� �;
/ //
� � �:�.c�r./ � �� . . �f ,' � ... �� . � - ~�,..
..�' � ( ._ . { �- � . . K',�
I � 1�. :` .Gr��° _ .
� , ,.,,.,r—n _c., �,.,�,.. ;, _ ..
-i � _ • � ". ':..
�..,� �E .`i�.��,�,�`',,.�:..��'�.�'' ,�'�i`'F+����i..��,.. % J; �'r' r�,
� \ � 1�i�1�1_:li�'!tLr'��'r �.lyr,�'���y�� r'7 :_ � �,r."J.�r�r
, � ..,.�/�/"-�j lf.fl4.l' . I .. .. i �.+� �y . . .. . , ��,,, �/�
� .! .. �. .. . .. ,�.. ... . ... . _
.� .. .�{�� . . Y .:. ���'%�i�' /������ .... .. . � � ,
,�`r '.!
� f �
. .: ._. '. ..: .:. . � :. '� ... '.. � ', . . �.
� .�. . .. . .. � � '. 1 . . I
. . . � � ... . .. . .
... . ... ��{ '� . ' .... . .
'
.. �:'. .4t r�;. �/�. . :.... ... .: . ..... . . .
1 �,
i '
, ��� �
, :f ''�'
� ��
- � . ... . _.. . �r''r�/�.: J ' -: ... , -.�. . .
�
f �� �, _ _
,I� � l l.���'j"
� .j' . ... .. . _�� if//�.�� �'� .�',:�. . . . . . .
� .:.I -....-. � � /� . .
T � �.
V J _ _��i�;' '{ � � ',�'� �'<
,.. � �/
� I �� `l�i.j � � � , �f
J . . . �i� !:'k..s ��. ��� �.� �� ;r ... ... �
�'9 .. :. . .�.. . , f �.�
i �� !�y.
� ' ;, ���i /,���`,/� . ' ; ,f'
� . � r . / � ..� � � .. .
`
/ f
�, �'i `../f ,�;� � ;�� /�� i
0 i� � ��.��f ��f�'� ..
� , �� ` .. .
� � ��"`�'1�� ���'�i�'...�'f �
M
-
� � _
t '/��� �
, i �
��_. _�.
_
,. _
`„�'�,� :��i"�'` .,x��°' ' _
. . . .. . . �:;
;..
� OF�-S(TE WETLAND
MiTtGATION LOCATlON
Not to 8cale �_��..��
SIM1t 27TH S7AEE7
SHAP�RO.:� ` ' �ITE WEIIAND MITlGATiOht Pi.AN
���Z���. . .
I ; ' _